Zimbabwe – A Married man who allegedly tricked a hooker into accompanying him to his purported younger brother’s house before allegedly raping and robbing her of a cellphone at knifepoint has approached the High Court seeking bail pending trial.
The 29 year old,Desire Siaponeka of Thorngrove suburb,Bulawayo allegedly raped the complainant on January 19 at around 9.20 PM near Kukura Kurerwa Garage in Thorngrove.
Siaponeka, through his lawyers Kwande Legal Practitioners, filed an application for bail pending trial at the Bulawayo High Court citing the State as a respondent.
In his bail statement, Siaponeka is denying the charge, arguing that the complainant is a hooker whom he met at a local night club looking for clients.
“I met the complainant at a local night club where she was touting for clients. We agreed to spend the whole night and she charged me US$10, which I paid and we then agreed that we would go to a friend’s place at the ZRP Ross Camp compound,” he said.
Siaponeka said on arrival at the Ross Camp Police Station compound, they found the gate closed during which he asked the complainant to refund him.
“When I demanded to be refunded my US$10, the complainant refused to give me the money and a dispute ensued. The complainant ran away and went to the police station where she fabricated the charges against me as a way of trying to fix me,” he said.
Siaponeka said there were no compelling reasons warranting his continued detention pending trial, arguing that he was innocent until proven guilty.
He said his release on bail will not prejudice the administration of justice. Siaponeka said although he is facing a serious charge, he had no intention of absconding trial.
“The circumstances under which the crime was allegedly committed make an inducement to abscond minimal. The complainant is a commercial sex worker whose job is to make money at all cost and she is the sole witness in this matter,” said Siaponeka.
He offered to pay $200 bail and to report once every fortnight at Mzilikazi Police Station as part of the bail conditions.
Siaponeka also offered to reside at his given address and not interfere with State witnesses until the matter is finalised.
The investigating officer, Constable Sitshengisiwe Ndlovu, in her affidavit, is opposing bail, arguing that Siaponeka was likely to abscond if released on bail due to the gravity of the offences committed. The State is yet to respond to the application.
According to court papers, it was stated that January 19 at around 9.20 PM, the complainant was at a local night club where she had an appointment with her boyfriend when she was approached by Siaponeka.
He asked how much she was charging for her services, and the complainant told him that it was $150 per night.
Siaponeka offered to pay US$10 and the two agreed to spend the night together.
Siaponeka told the complainant that he was a police officer staying at the ZRP Ross Camp compound and they left the pub purportedly heading to his residence.
When they arrived near the main gate at the ZRP Ross Camp, Siaponeka told the complainant that police manning the entrance would not allow them to access the premises since he had no gate pass. He then led the complainant to another gate adjacent Zupco Depot.
However, when they arrived at the gate, Siaponeka shifted goal posts and asked the complainant to accompany him to his younger brother’s place in Thorngrove under the guise that he wanted to collect his laptop.
On their way, soon after reaching a bushy area, Siaponeka allegedly produced a knife and demanded a cellphone from the complainant. He then ordered the woman to lower her pair of jeans and she complied out of fear. Siaponeka allegedly ordered the complainant to bend before rap_ing her without protection. After committing the alleged offence, Siaponeka fled from the scene.
A report was made to the police leading the accused person’s arrest.
